NCJ Number
177591
Date Published
1998
Length
190 pages
Annotation
This handbook presents a basic outline of the law, practice, and procedure of sentencing in magistrates' courts for use by newly appointed justices of the peace and others concerned with the sentencing of offenders in summary proceedings.
Abstract
An introductory chapter addresses the sentencing jurisdiction of magistrates courts, the background for current sentencing practice, other key developments in sentencing, and sentencing appeals. The second chapter reviews the general objectives of sentencing, structured sentencing decision-making, the sentencing process, sentencing by magistrates, sentencing information, deferment of sentence, and committal for sentence. The third chapter focuses on the four levels of sentence: discharges, fines, community sentences, and custody. The fourth chapter discusses magistrates courts' handling of victim compensation. It notes that when both a fine and compensation are considered appropriate, but the offender's financial circumstances are not adequate to pay both in full, courts are required to give preference to a compensation order. When an offense causes loss, damage, or personal injury, the court is obliged by law to consider whether the offender should pay compensation. The courts' general treatment of victims is also discussed. In addition to the four main levels of sentence outlined in the handbook, magistrates' courts have a wide variety of powers to make other orders. One chapter deals with these other orders of the court. Remaining chapters consider the impact of offenders' previous convictions and responses on sentencing, sentencing for traffic offenses, the use of presentence reports, the early release scheme, the sentencing of mentally disordered offenders, and judicial advice. Appended supplementary information